We were initially contacted by Mr B’s daughter to start the ball rolling for her father’s asbestosis claim. He had been suffering with shortness of breath and had been slowing down over the last couple of years and now he had been diagnosed with asbestosis.
Exposure to asbestos
Mr B had been exposed to asbestos in the 1960s and 1970s. He had worked for Watford Council as an apprentice carpenter, along with working at a number of contracting firms. As is very common for us on day one, Mr B was unable to recall the names of all the companies that he was exposed to asbestos at. We obtained his work history from the HMRC, this detailed all of his employers and the tax years he worked for them from 1961/62.
Going through the work history with Mr B allowed us to identify the companies where he was exposed to asbestos, there were more than 20 companies to consider.
De minimis exposure
In an asbestosis claim, each defendant pays into the claim, based on the time the claimant was exposed with them. Therefore, we have to calculate the percentage each defendant is on cover for, based on the days, weeks and months of employment. When doing this for Mr B, he had worked at some companies for only a short period of time and so some companies were responsible for 1 or 2% of the claim. It is not feasible to pursue such small amounts as the costs for the defendant will far outweigh the damages recovered and so any period of employment with a low percentage is taken out as this is de minimis exposure. We are then able to concentrate on the companies with greater interest in the claim.
After taking out the de minimis defendants we were left with six defendant companies to pursue; John Willmott & Sons Ltd, Helicon Ltd, F G Minter Ltd, Marshall Andrew & Co Ltd, Blue Star Ltd and Esso Petroleum.
In order to run the claim smoothly, one insurer stepped up to coordinate the defendants.
Medical evidence obtained
We instructed a medical expert, Dr R M Rudd, a well-respected asbestos disease expert, to write a medical report in support of Mr B’s claim. The medical report forms the basis for the value of the claim as it sets out how the asbestos condition affects someone and how it is likely to progress in the future.
Dr Rudd confirmed that Mr B had asbestos pleural disease consisting of calcified pleural plaques, diffuse pleural thickening, pleural effusion and diffuse interstitial fibrosis of the lungs, consistent with asbestosis.
The report also details the prognosis and any risk that Mr B might develop other asbestos conditions. Dr Rudd estimated that there was a 10% chance that Mr B’s pleural disease would progress significantly and he is also at a higher risk of developing asbestos-related lung cancer or mesothelioma.
Provisional damages settlement
As there is a risk that Mr B’s condition could deteriorate or he could develop asbestos-related lung cancer or mesothelioma, we advised settlement on a provisional basis. This would leave the door open for Mr B to return and claim again if needed.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or other asbestos disease then please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.